These terms of use apply to the Bears Ears Inter-Tribal Coalition Project, a project of the Resources Legacy Fund (“we” and “us”), website located at https://www.bearsearscoalition.org/ and any other websites controlled by us (the “Website”), however the Website is accessed and/or used.
By using our Website, you are accepting these terms of use. We reserve the right to modify or amend these terms without notice, and your continued use of the Website following the posting of changes to these terms of use will mean you accept those changes.
A. Third-party posts
Website users are prohibited from posting or submitting any unlawful or tortious material, or any other material that could be considered a criminal offense or give rise to civil liability. If we, in our sole discretion, determine that postings or submissions violate this term, they may be removed. We will fully cooperate with any lawful court order or subpoena requesting or directing us to disclose the identity of the user posting or submitting such materials.
B. Third-party links
This Website may contain links to third-party websites that are not controlled by us. These links are provided solely for your convenience. By clicking on these links, you will be directed away from this Website, and we are not responsible for any content, materials, or other information located on or accessible from any other web address. We are also not responsible for donations you make or any products or services that you purchase from external websites. No material found within any linked website is endorsed or guaranteed by us. If you choose to access any other websites linked to or from this Website, you do so entirely at your own risk.
C. Website access and restrictions on use
You acknowledge that the site is for personal use only and agree that you will not use the site for any commercial purposes. We hereby grant you permission to make copies of any part of the Website in any medium to use for noncommercial purposes, provided that your copy retains our marks and copyright notices. Our prior consent is required if you wish to use any of the content on the Website for any other purpose.
You further agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. You may not circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.
Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You further agree not to solicit any users of the Website for any commercial purposes.
Your permission to use this Website is conditioned on your compliance with these terms of use.
D. Disclaimers
Your use of this Website is at your risk. Any content and services provided on or through this Website are provided “as is” and without any warranties of any kind, including warranties of fitness for a particular purpose, merchantability, or noninfringement of intellectual property. We do not warrant the accuracy or completeness of any information, materials, or services provided on or through this Website, to the extent permitted by law.
E. Limitations of liability
We do not assume any responsibility, and will not be liable, for any damages to your electronic equipment used to access, browse, or download materials from this this Website, including viruses. Continuous, uninterrupted, or secure access to our Website is not guaranteed, and operation of the Website may be impacted by a variety of external factors beyond our control.
Under no circumstance will we, or any of our officers, directors, trustees, employees, attorneys, agents, sponsors, successors, and/or assigns, nor any party involved in the creation or transmission of this Website, be liable for any indirect, special, punitive, incidental or consequential damages, such as lost profits, lost data or business interruption, arising out of or resulting from the use or inability to use this Website, any linked websites, or any materials, information, or services found on any or all such websites, whether based on contract, tort, warranty or any other legal theory, regardless of being advised of the potential for such damages, to the extent permitted by law.
F. Indemnity
You agree to indemnify, defend, and hold harmless us, our officers, directors, trustees, employees, attorneys, agents, sponsors, successors, and/or assigns, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these terms of use or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification.
G. General
These terms of use shall be governed by the laws of the State of California, Any claim or dispute that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in the State of California. Venue for any action shall be in Sacramento County, California. These terms of use, together with the privacy policy and any other legal notices we publish on the Website, shall constitute the entire agreement between us concerning the Website. If any provision of these terms of use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of use, which shall remain in full force and effect. No waiver of any term of this these terms of use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision.
